Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 1 of 50 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ADJUSTACAM LLC PLAINTIFF, Civil Action No. _______________ v. AMAZON.COM, INC.; AUDITEK CORPORATION; BALTIC LATVIAN UNIVERSAL ELECTRONICS, LLC D/B/A BLUE MICROPHONES, LLC D/B/A BLUE MICROPHONE; BLUE MICROPHONES, LLC; CDW CORPORATION F/K/A CDW COMPUTER CENTERS, INC.; CDW, INC.; CDW, LLC; COMPUSA.COM, INC.; COBRA DIGITAL, LLC; CREATIVE TECHNOLOGY LTD.; CREATIVE LABS, INC.; DELL, INC.; DIGITAL INNOVATIONS, LLC; EASTMAN KODAK COMPANY; EZONICS CORPORATION D/B/A EZONICS COPORATION USA D/B/A EZONICS; FRY’S ELECTRONICS, INC.; GEAR HEAD, LLC; GENERAL ELECTRIC COMPANY; HEWLETT-PACKARD COMPANY; INTCOMEX, INC.; JASCO PRODUCTS COMPANY LLC D/B/A JASCO PRODUCTS COMPANY D/B/A JASCO; JWIN ELECTRONICS CORPORATION; KLIP XTREME LLC; KMART CORPORATION; LIFEWORKS TECHNOLOGY GROUP, LLC; MACALLY PERIPHERALS, INC. D/B/A MACALLY U.S.A; MACE GROUP, INC.; MICRO ELECTRONICS, INC. DBA MICRO Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 2 of 50 CENTER; NEW COMPUSA CORPORATION; NEWEGG, INC.; NEWEGG.COM, INC.; OFFICE DEPOT, INC.; OVERSTOCK.COM, INC.; PHOEBE MICRO INC.; PROLYNKZ, LLC; RADIOSHACK CORPORATION; ROSEWILL INC.; SEARS BRANDS, LLC; SEARS HOLDINGS CORPORATION D/B/A SEARS SEARS, ROEBUCK AND COMPANY; SAKAR INTERNATIONAL, INC.; SAKAR, INC.; SDI TECHNOLOGIES, INC.; SOFTWARE BROKERS OF AMERICA INC. DBA INTCOMEX CORPORATION D/B/A INTCOMEX; SYSTEMAX, INC. D/B/A COMPUSA; TARGET CORP.; TIGERDIRECT, INC.; TRIPPE MANUFACTURING COMPANY D/B/A TRIPP LITE; AND WAL-MART STORES, INC., DEFENDANTS. JURY TRIAL DEMANDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff AdjustaCam LLC files this Complaint against the foregoing Defendants, namely AMAZON.COM, INC.; AUDITEK CORPORATION; BALTIC LATVIAN UNIVERSAL ELECTRONICS, LLC D/B/A BLUE MICROPHONES, LLC D/B/A BLUE MICROPHONE; BLUE MICROPHONES, LLC; CDW CORPORATION F/K/A CDW COMPUTER CENTERS, INC.; CDW, INC.; CDW, LLC; COMPUSA.COM, INC.; COBRA DIGITAL, LLC; CREATIVE TECHNOLOGY LTD.; CREATIVE LABS, INC.; DELL, INC.; DIGITAL INNOVATIONS, LLC; EASTMAN KODAK COMPANY; EZONICS CORPORATION D/B/A EZONICS COPORATION USA D/B/A EZONICS; FRY’S ELECTRONICS, INC.; GEAR 2 Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 3 of 50 HEAD, LLC; GENERAL ELECTRIC COMPANY; HEWLETT-PACKARD COMPANY; INTCOMEX, INC.; JASCO PRODUCTS COMPANY LLC D/B/A JASCO PRODUCTS COMPANY D/B/A JASCO; JWIN ELECTRONICS CORPORATION; KLIP XTREME LLC; KMART CORPORATION; LIFEWORKS TECHNOLOGY GROUP, LLC; MACALLY PERIPHERALS, INC. D/B/A MACALLY U.S.A; MACE GROUP, INC.; MICRO ELECTRONICS, INC. DBA MICRO CENTER; NEW COMPUSA CORPORATION; NEWEGG, INC.; NEWEGG.COM, INC.; OFFICE DEPOT, INC.; OVERSTOCK.COM, INC.; PHOEBE MICRO INC.; PROLYNKZ, LLC; RADIOSHACK CORPORATION; ROSEWILL INC.; SEARS BRANDS, LLC; SEARS HOLDINGS CORPORATION D/B/A SEARS; SEARS, ROEBUCK AND COMPANY; SAKAR INTERNATIONAL, INC.; SAKAR, INC.; SDI TECHNOLOGIES, INC.; SOFTWARE BROKERS OF AMERICA INC. DBA INTCOMEX CORPORATION D/B/A INTCOMEX; SYSTEMAX, INC. D/B/A COMPUSA; TARGET CORP.; TIGERDIRECT, INC.; TRIPPE MANUFACTURING COMPANY D/B/A TRIPP LITE COMPANY D/B/A TRIPP LITE and WAL-MART STORES, INC., (collectively "Defendants"), as follows: PARTIES 1. AdjustaCam LLC (“AdjustaCam” or “Plaintiff”) is a Texas Limited Liability Company with its principal place of business in Frisco, Texas. 2. On information and belief, Defendant AMAZON.COM, INC. (“AMAZON”) has a place of business in Seattle, Washington. 3. On information and belief, Defendant AUDITEK CORPORATION (“AUDITEK”) has a place of business in Industry, California. 3 Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 4 of 50 4. On information and belief, Defendant BALTIC LATVIAN UNIVERSAL ELECTRONICS, LLC D/B/A BLUE MICROPHONES, LLC D/B/A BLUE MICROPHONE has a place of business in Westlake Village, California. 5. On information and belief, Defendant BLUE MICROPHONES, LLC has a place of business in Westlake Village, California. BALTIC LATVIAN UNIVERSAL ELECTRONICS, LLC D/B/A BLUE MICROPHONES, LLC D/B/A BLUE MICROPHONE and BLUE MICROPHONES, LLC are collectively referred to hereinafter as “BLUE MICROPHONES.” 6. On information and belief, Defendant CDW CORPORATION F/K/A CDW COMPUTER CENTERS, INC. has a place of business in Vernon Hills, Illinois. 7. On information and belief, Defendant CDW, INC. has a place of business in Vernon Hills, Illinois. CDW CORPORATION F/K/A CDW COMPUTER CENTERS, INC. and CDW, INC. are collectively hereinafter referred to as “CDW.” 8. On information and belief, Defendant COBRA DIGITAL, LLC (“COBRA DIGITAL”) has a place of business in Wheeling, Illinois. 9. On information and belief, Defendant COMPUSA.COM, INC. has a place of business in Miami, Florida. 10. On information and belief, Defendant CREATIVE TECHNOLOGY LTD. has a place of business in Milpitas, California. 11. On information and belief, Defendant CREATIVE LABS, INC. has a place of business in Milpitas, California. CREATIVE TECHNOLOGY LTD. and CREATIVE LABS, INC. are collectively referred to hereinafter as “CREATIVE.” 4 Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 5 of 50 12. On information and belief, Defendant DELL, INC. (“DELL”) has a place of business in Round Rock, Texas. 13. On information and belief, Defendant DIGITAL INNOVATIONS, LLC; (“DIGITAL INNOVATIONS”) has a place of business in Arlington Heights, Illinois. 14. On information and belief, Defendant EASTMAN KODAK COMPANY (“KODAK”) has a place of business in Rochester, New York. 15. On information and belief, Defendant EZONICS CORPORATION D/B/A EZONICS COPORATION USA D/B/A EZONICS (“EZONICS”) has a place of business in Pleasanton, California. 16. On information and belief, Defendant FRY’S ELECTRONICS, INC. (“FRY’S”) has a place of business in San Jose, California. 17. On information and belief, Defendant GEAR HEAD, LLC (“GEAR HEAD”) has a place of business in Walpole, Massachusetts. 18. On information and belief, Defendant GENERAL ELECTRIC COMPANY (“GE”) has a place of business in Fairfield, Connecticut. 19. On information and belief, Defendant HEWLETT-PACKARD COMPANY (“HP”) has a place of business in Palo Alto, California. 20. On information and belief, Defendant INTCOMEX, INC. has a place of business in Miami, Florida. 21. On information and belief, Defendant JASCO PRODUCTS COMPANY LLC D/B/A JASCO PRODUCTS COMPANY D/B/A JASCO (“JASCO”) has a place of business in Oklahoma City, Oklahoma. JASCO and GE are hereinafter referred to collectively as “GE.” 5 Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 6 of 50 22. On information and belief, Defendant JWIN ELECTRONICS CORPORATION (“JWIN”) has a place of business in Port Washington, New York. 23. On information and belief, Defendant KLIP XTREME LLC has a place of business in Miami, Florida. 24. On information and belief, Defendant KMART CORPORATION (“KMART”) has a place of business in Hoffman Estates, Illinois. 25. On information and belief, Defendant LIFEWORKS TECHNOLOGY GROUP, LLC has a place of business in New York, New York. 26. On information and belief, Defendant MACALLY PERIPHERALS, INC. D/B/A MACALLY U.S.A has a place of business in Ontario, California. 27. On information and belief, Defendant MACE GROUP, INC. has a place of business in Ontario, California. MACALLY PERIPHERALS, INC. D/B/A MACALLY U.S.A and MACE GROUP, INC. are collectively referred to herein as “MCCALLY.” 28. On information and belief, Defendant MICRO ELECTRONICS, INC. DBA MICRO CENTER (“Micro Center”) has a place of business in Hilliard, Ohio. 29. On information and belief, Defendant NEW COMPUSA CORPORATION has a place of business in Miami, Florida. 30. On information and belief, Defendant NEWEGG, INC. has a place of business in Industry, California. 31. On information and belief, Defendant NEWEGG.COM, INC. has a place of business in Industry, California. NEWEGG, INC. and NEWEGG.COM, INC. are collectively referred to hereinafter as “NEWEGG.” 6 Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 7 of 50 32. On information and belief, Defendant OFFICE DEPOT, INC. (“OFFICE DEPOT”) has a place of business in Delray Beach, Florida. 33. On information and belief, Defendant OVERSTOCK.COM, INC. (“OVERSTOCK”) has a place of business in Salt Lake City, Utah. 34. On information and belief, Defendant PHOEBE MICRO INC. D/B/A AIRLINK101 (“PHOEBE”) has a place of business in Fremont, California. 35. On information and belief, Defendant PROLYNKZ, LLC (“PROLYNKZ”) has a place of business in Irvine, California. 36. On information and belief, Defendant RADIOSHACK CORPORATION (“RADIOSHACK”) has a place of business in Fort Worth, Texas 37. On information and belief, Defendant ROSEWILL INC. (“ROSEWILL”) has a place of business in Industry, California. 38. On information and belief, Defendant SEARS BRANDS, LLC has a place of business in Hoffman Estates, Illinois. 39. On information and belief, Defendant SEARS HOLDINGS CORPORATION D/B/A SEARS has a place of business in Hoffman Estates, Illinois. 40. On information and belief, Defendant SEARS, ROEBUCK AND COMPANY has a place of business in Hoffman Estates, Illinois. SEARS BRANDS, LLC; SEARS HOLDINGS CORPORATION D/B/A SEARS and SEARS, ROEBUCK AND COMPANY are collectively referred to hereinafter as “SEARS.” 41. On information and belief, Defendant SAKAR INTERNATIONAL, INC. has a place of business in Edison, New Jersey. 7 Case 6:10-cv-00329-LED Document 1 Filed 07/02/10 Page 8 of 50 42. On information and belief, Defendant SAKAR, INC. has a place of business in Edison, New Jersey. SAKAR INTERNATIONAL, INC. and SAKAR, INC. are hereinafter referred to as “SAKAR”. 43. On information and belief, Defendant SDI TECHNOLOGIES, INC. (“SDI”) has a place of business in Rahway, New Jersey. LIFEWORKS TECHNOLOGY GROUP, LLC and SDI are collectively referred to hereinafter as “IHOME.” 44. On information and belief, Defendant SYSTEMAX, INC.